Question
George has recently purchased a recently established Vineyard business in Margaret River from Margaret River Wine Ltd and he wishes to continue to grow grapes
George has recently purchased a recently established Vineyard business in Margaret River from Margaret River Wine Ltd and he wishes to continue to grow grapes and operate the winery. The sales brochure that advertised the business for sale contained certain information, namely, that the wine that would be produced should be for sale in 2 years. Later on, George finds out that there is a problem with the soil acidity in his land, which consequently does not allow him to grow good quality grapes to produce wine. The wine is not produced in 2 years and in fact there is never any wine produced. As a result George's business is a failure.
Required:
Discuss what the ACCC needs to prove in order to succeed in an action for statutory misrepresentation of the sales brochure under the Australian Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and what remedies if any should the ACCC be seeking.
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